98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB2905
 
Introduced , by Rep. Lou Lang
 
SYNOPSIS AS INTRODUCED:
 

 



720 ILCS 5/32-13

     Amends the Criminal Code of 2012.  Increases the penalty for unlawful clouding of title from a Class A misdemeanor to a Class 4 felony for a first offense, a Class 3 felony for a second offense, a Class 2 felony for a third offense, a Class 1 felony for a fourth offense, and a Class X felony for a fifth or  subsequent offense.
  


LRB098 08988 RLC 39123 b

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
 
 
A BILL FOR
 

  
HB2905LRB098 08988 RLC 39123 b


  
1    AN ACT concerning criminal law.
  
 
2    Be it enacted by the People of the State of Illinois,
 
3represented in the General Assembly:
  
 
 
4    Section 5. The Criminal Code of 2012 is amended  by changing 
5Section 32-13 as follows:
 



6    (720 ILCS 5/32-13)



7    Sec. 32-13. Unlawful clouding of title. 

8    (a) Any person who intentionally records or files or causes 
9to be recorded
or filed any document in the office of the 
10recorder or registrar of titles of
any county of this State 
11that is a cloud on the title of land in
this State, knowing 
12that the theory upon which the purported cloud on title is

13based is not recognized as a legitimate legal theory by the 
14courts of this
State or of the United States, commits the 
15offense of unlawful clouding of
title.

16    (b) Unlawful clouding of title is a Class 4 felony for a 
17first offense,  a Class 3 felony for a second offense, a Class 2 
18felony for a third offense, a Class 1 felony for a fourth 
19offense, and a Class X felony for a fifth or subsequent offense 
20A misdemeanor.

21    (c) In addition to any other sentence that may be imposed, 
22the court shall
order any person convicted of a violation of 
23this Section, or placed on
supervision for a violation of this 
 
 
HB2905- 2 -LRB098 08988 RLC 39123 b

1Section, to execute a release of the
purported cloud on title 
2as may be requested by or on behalf of any person
whose 
3property is encumbered or potentially encumbered by the 
4document filed.
Irrespective of whether or not a person charged 
5under this Section is convicted
of the offense of unlawful 
6clouding of title, when the evidence demonstrates
that, as a 
7matter of law, the cloud on title is not a type of cloud

8recognized or authorized by the courts of this State or the 
9United
States, the court shall forthwith direct the recorder or 
10registrar of titles to
expunge the cloud.

11    (c-5) This Section does not apply to an attorney licensed 
12to practice law
in this State who in good faith files a lien on 
13behalf of his or her client and
who in good faith believes that 
14the validity of the lien is supported by
statutory law, by a 
15decision of a court of law, or by a good faith argument
for an 
16extension, modification, or
reversal of existing court 
17decisions relating to the validity of the lien.

18    (d) For purposes of this Section, "cloud on title" or 
19"cloud on the title"
means an outstanding claim or encumbrance 
20that, if valid, would affect or
impair the title of the owner 
21of an estate in land and on its face has that
effect, but can be 
22shown by extrinsic proof to be invalid or inapplicable to
that 
23estate.

24(Source: P.A. 89-682, eff. 1-1-97.)